Driving under the influence is a criminal offence, and being charged with it can have serious repercussions. However, keep a calm mind, seek an expert criminal lawyer in Sydney, and take steps as suggested. Here’s a guide we’ve prepared to give you complete insights into your drunk driving charges.
What is a drunk driving offence?
A drunk driving offence occurs when you operate a vehicle with a blood alcohol concentration (BAC) higher than the legal limit. For fully licensed drivers, this limit is 0.5%. For those having a zero BAC licence, such as P plate drivers, learner permit holders, and taxi drivers, any noticeable amount of alcohol in their system constitutes an offence.
Potential penalties:
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A fine of penalty units
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Possible imprisonment
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Having your licence suspended or cancelled
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Having a zero BAC condition for three years
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The court may also record a conviction
What are the initial steps?
The first step is to employ a criminal lawyer in Sydney who has extensive experience with alcohol-related cases. Ask them all your questions and get a clear-cut understanding of what you’re going through. Your criminal lawyer in Sydney will then explain the case details to you, consider the factors involved, and shape the defence accordingly.
How can You get out of a drunk driving charge in Australia?
The prosecution will have to present the facts to the court beyond a reasonable doubt to prove your guilt. Here’s where the defence of your criminal lawyer in Sydney will shine.
The drunk driving charge is identified from a breath test at the roadside, followed by a confirmed blood test (via a booze bus or at a police station). If your breath indicates a higher BAC than the legal limit of your licence, the police may let you know the immediate penalties that apply and whether or not you’ll be required to go to court.
For example:
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The police may immediately suspend your licence until your court date
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This might mean you can’t drive as there is a licence suspension
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This means you need to find another way home
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They may confiscate (impound) your car immediately
Does a drunk driving charge go on your criminal record?
Drunk driving is considered a serious offence and is treated just as seriously within the court and criminal system. Unless you are found not guilty of the offence in question, there may be an entry on both your criminal record and your criminal driving record.
How do you deal with a drunk driving charge?
You have the option of pleading not guilty or guilty. Whether you agree that you have broken the law determines the plea you enter. If you agree to plead guilty, you will inform the court of your guilt and the prosecutor will present the evidence.
If you believe you did not violate the law, you can also plead not guilty. Your Sydney criminal lawyer will use well-known “not guilty arguments” to defend you in this case. For instance:
– Blood alcohol level
The breath testing instrument used by police at the roadside doesn’t always give an exact reading of a person’s blood alcohol level. So in some cases, it cannot be the only proof for a drunk driving offence.
The first test is there to give the police enough cause to arrest you, take you to another testing facility, and perform a second test. The delay from the initial test to the secondary test could mean your blood alcohol level could change.
– If police procedure hasn’t been properly complied with
The law is clear, and the police must comply with it. The breath certificate from the second test must be obtained within two hours from the first roadside test. There may be other variables in the police process which could be considered as part of your defence too.
– Police cannot prove that the person was driving or attempting to put the vehicle in motion
This is for cases when the police did not physically stop and test someone at the roadside.
For example, the police may attend a scene and find a suspected driver – or the driver in question may be charged after an incident has occurred. If the police are unable to prove beyond reasonable doubt that you were the driver, this is grounds for defence.
What can impact these penalties?
The penalties for drunk driving depend on the following:
– The type of offence you committed: What happened as a result of your drunk driving will be taken into consideration. For example, if someone is hurt, more serious penalties might be imposed.
– Your age at the time: If you are under 26 years old, that may impact the length of the penalties involved.
– The licence or permit you hold: Some licences require zero alcohol, like taxi drivers and those on P-plate or with learner permits.
– If it wasn’t your first offence: If you have been charged before, you may face a more severe penalty.
– BAC reading: The higher the reading on your breath test, blood or urine sample, the more serious the penalty that might be imposed.
– Refusing to breath test: Was this for a legitimate reason, or was this to avoid a drunk driving charge? The circumstances around this will need to be presented.
Final Word:
One last advice before wrapping up is to immediately seek advice from a qualified criminal lawyer in Sydney. If you are unsure whom to consult, consider Oxford Lawyers, one of the most reputable law firms. Meet their experts, discuss your case, and get the required support.